Court Refuses to Return The
Kubbys’ Computers, Forcing Them Into Bankruptcy;
How Seizing Computers Undermines Our 4th Amendment And Other Basic Rights.
(Marijuananews note: "The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and the person or
things to be seized." --The 4th Amendment to The Constitution in The
Bill of Rights.The seizure of
computers has become a standard practice in marijuana cases, even more basic than kicking
down doors.
There are certain types of crimes in which the seizure of a
computer makes very good sense, for example, fraud and embezzlement cases, in which the
computers may have been instrumental in committing the crime.
However, unless someone really thinks that an alleged marijuana
grower is keeping sales records on his computer – "Kilo of primo for Al
Gore" – then seizing the computers is unjustified.
Moreover, if the computers are seized for some reason, then it is
possible to determine quickly whether there is anything on them of a suspicious nature.
Also, it is possible to copy hard drives in a brief period of time.
In short, there is seldom any need to seize and/or keep computers
in investigating crimes that are not directly computer-related.
In addition, there is one more reason that the courts should
strictly limit the police and prosecutors access to computers, especially in cases like
the Kubbys'.
Computer records are easily forged.
It would be very easy to put a memo about a "Kilo of primo
for Al Gore" on Kubby’s computer. It would be much simpler than forging his
handwriting or inserting a backdated entry in a paper trail. Almost any computer-literate
narc could do it in a few minutes.
Even if someone is not in a computer-based business, like the
Kubbys, the seizure of computers gives the police access to all sorts of information, to
which they would not necessarily have a right to see under a warrant to seize papers, such
as privileged communications with attorneys, medical records, etc.
Finally, the seizure of a computer in the case of a writer like
Peter McWilliams or a web publisher like Steve Kubby not only inflicts an economic loss on
the victim that can be ruinous, but it also violates their 1st Amendment rights
of freedom of speech and press.
The Internet community is very sensitive to issues of censorship,
so the Kubby case should be a clear warning that arbitrary seizures of computers is a form
of prior restraint at the most basic level.
This is not just about marijuana.)
From Steve Kubby steve@kubby.org
February 23, 1999
Court Refuses to Return Kubby’s Office Equipment Forcing Bankruptcy
See
Prosecutor Admits To Washington
Times That They Do Not Know
Whether Pete Brady Carried Any Marijuana When He Left The Kubbys.
Amazing Admission In An Odd Place.
(TAHOE CITY, CA.) The Kubbys attended their first preliminary hearing on Monday at the
Tahoe City Justice Court. Although it’s been over a month now
and no evidence of sales has been shown, Judge James Garbolina ruled that the Kubbys
should still be denied the use of their office equipment or the tools they need to manage
their magazine, ‘Alpine World.’ As a result, the Kubbys have been forced into
bankruptcy and presented a letter to Judge Garbolina from their bankruptcy attorney
directly blaming the raid on the Kubbys for their financial difficulties.
Judge Garbolina refused to release critical business items such as printers, scanners,
or digital camera, allowing only for the Kubbys to obtain a copy of
the contents of their hard drives. According to Steve Kubby, "Our
magazine was rated in the top 25 electronic magazines in the world and we had top
advertisers. Now we have been ruined and forced out of business."
The next hearing for the Kubbys is scheduled for March 2nd. Attorneys for
the Kubbys continue to demand the return of their medical marijuana
and have submitted two letters from physicians which argue that Steve may die if denied
medical marijuana. Steve and Michele have experience numerous hardship in trying to obtain
enough medicine for Steve to stay alive and their attorneys emphasized to the court the
seriousness of this situation.
Deputy District Attorney, Christopher Cattran dismissed the physician letters and
insisted that Mr. Kubby’s medical marijuana should not be returned. Although Mr.
Cattran is unable to provide even one instance of sales occurring, Cattran continues to
insist that criminal activity has taken place, purely on the basis that number of plants
was too great for personal use.
After some discussion of why Marinol would not be acceptable alternative for Mr. Kubby,
Judge Garbolina agreed to consider a written motion to return some of the confiscated
medical marijuana. That motion will be considered on March 2, at their next preliminary
hearing.
See
California Courts
Order Police To Return Medical Marijuana In Two Different Cases;
State Supreme Court Unanimous
The Kubbys will be traveling to Southern California from March 3-13 in order for Steve
to undergo test with Dr. Vincent DeQuattro at the USC medical center.
See
Prominent Cancer
Specialist Says Steve Kubby Should Be Studied, Not Jailed;
His Case Has Major Medical Implications.
The Kubbys will also be making personal appearances for media and fund raising.
Supported